A Press Report from the Department of Justice
for the Southeast Region: Alabama, Florida, Georgia, Kentucky,
North Carolina, South Carolina, Mississippi, and Tennessee

This report covers the ADA activities of the Department
of Justice after the ADA first went into effect on January 26,
1992.

The Americans with Disabilities Act (ADA) is a comprehensive
civil rights law for people with disabilities. The Department
of Justice enforces the ADA's requirements in three areas -

Title I: Employment practices by units of State and local
government

Title II: Programs, services, and activities of State and
local government

Title III: Public accommodations and commercial facilities

Through lawsuits, consent decrees, and formal and informal
settlement agreements the Department of Justice has achieved greater
access for individuals with disabilities in hundreds of cases.
Under general rules governing lawsuits brought by the Federal
Government, the Department may not file a lawsuit unless it has
first unsuccessfully attempted to settle the dispute through negotiations.

The Department may file lawsuits in Federal court to enforce
the ADA and may obtain court orders including compensatory damages
and back pay to remedy discrimination. Under title III the Department
may also obtain civil penalties of up to $55,000 for the first
violation and $110,000 for any subsequent violation.

Some lawsuits are resolved at the time the suit is filed
or afterwards by means of a negotiated consent decree. Consent
decrees are monitored and enforced by the Federal court in
which they are entered.

The Department files amicus briefs in selected ADA cases
in which it is not a party in order to guide courts in interpreting
the ADA.

The Department sometimes resolves cases without filing a lawsuit
by means of formal and informal agreements.

New Lawsuits

Title III

New Title III Lawsuits Challenge Stadium-style Theater
Design --

United States v. AMC Entertainment, Inc. -- The Department
filed suit against AMC Entertainment, Inc., and American Multi-Cinema,
Inc., in the U.S. District Court for the Central District of California
for violating the ADA in the design, construction, and operation
of stadium-style movie theaters in the AMC chain. The two theaters
named in the complaint are the Norwalk Theater in Norwalk, California,
and the Promenade 16 Theater in Woodland Hills, California. The
newly constructed AMC theaters have two types of seats -- stadium-style
seats, which provide comfortable, unobstructed lines of sight
to the screen, and traditional seating, which is located on the
sloped floor at the front of the theater immediately in front
of the screen. Although AMC marketed the theaters as providing
stadium-style seating, it placed the wheelchair seating only in
the less desirable traditional seating on sloped floors. Wheelchair
users are therefore denied a movie viewing experience that is
comparable to that afforded to other members of the general public.
The complaint also alleges other access violations including the
failure to provide companion seating next to wheelchair seats;
failure to provide handrails; inadequate space at wheelchair seating
locations; and inaccessible concession counters, bathrooms, and
telephones.

United States v. Cinemark USA, Inc. -- The Department
filed suit against Cinemark USA, Inc., in the U.S. District Court
for the Northern District of Ohio alleging that three of Cinemark's
Ohio theaters, as well as its stadium-style seating theaters across
the country, violated the ADA by failing both to provide comparable
lines of sight to wheelchair users and to make wheelchair seating
locations an integral part of the stadium-style seating. Prior
to this lawsuit, Cinemark filed suit against the Department of
Justice in the U.S. District Court for the Eastern District of
Texas asserting that the Department's actions regarding stadium-style
theaters violate the Administrative Procedure Act. The Department
believes that suit is without merit and has asked the court to
dismiss it.

Consent Decrees

Title I

United States v. The Metropolitan Government of Nashville
and Davidson County, Tennessee-- The Department resolved
by consent order a charge filed with the Equal Employment Opportunity
Commission by Jeffrey Ola, who was denied a position as a paramedic
in the Metro Government's Fire Department because he has hearing
loss in one ear. The Metro Government based its rejection on National
Fire Protection Association (NFPA) medical standards, which prescribe
absolute exclusions for certain physical conditions. The consent
order prohibits the Metro Government from following any standards
that require categorical rejection based on medical conditions,
including those of the NFPA. The consent order also requires the
Metro Government to offer Mr. Ola an EMT position, pay $54,295.74
in back pay and compensatory damages, and to change its policies
to provide an individualized assessment of all candidates.

Title III

Cunningham v. Goldberg -- The U.S. Attorney for the
Western District of Tennessee resolved by consent decree
a lawsuit in which it intervened to challenge architectural barriers
at the Public Eye restaurant in Memphis, Tennessee. The consent
decree requires the provision of an accessible entrance to the
restaurant, the removal of a step barrier within the restaurant,
and renovations to a restroom. It also requires the Public Eye
to reposition a public telephone, make Brailled or recorded menus
available to persons with impaired vision, and provide training
to employees on assisting patrons with disabilities. The owner
also agreed to pay a civil penalty of $1,000 to the United States.
In addition, the parent company of the restaurant's owner agreed
to restripe three accessible parking spaces adjacent to Public
Eye to comply with the ADA Standards for Accessible Design and
to make a $5,000 contribution to a Memphis disability rights organization.

United States v. Wynock -- The Department resolved by
consent decree a lawsuit challenging the outright exclusion of
people with disabilities from a motel in South Carolina.
The Ocean Plaza Motel in Myrtle Beach refused to rent a room to
a group of two teenagers and their mothers because the two teenagers
have cerebral palsy and use wheelchairs. Under the consent decree,
the owner and operators agreed to implement and post a formal
written policy that the motel will not deny persons with disabilities
the services, facilities and accommodations of the motel; will
train its employees in the equal and dignified treatment of guests
with disabilities; remove architectural barriers at the motel
over a two-year period, where such removal is readily achievable;
pay $92,000 plus interest to the complainants over the two-year
period; and pay civil penalties of $5,000 to the U.S. Treasury.

United States v. VSP Partnership -- The Department filed,
and resolved by consent decree, a lawsuit involving accessibility
problems against Villas by the Sea, a hotel and resort in Lauderdale-by-the-Sea,
Florida. Under the terms of the consent agreement, Villas
by the Sea will correct inaccessible alterations made to the facility
after January 26, 1992 (the effective date of title III's alterations
requirements), make necessary path of travel modifications, provide
three accessible guestrooms, and undertake other barrier removal
throughout several facilities to ensure accessibility.

United States v. Becker C.P.A. Review --In a consent
decree resolving the first case filed by the Department of Justice
under the ADA, Becker C.P.A. Review, which prepares over 10,000
students annually to take the national certified public accountant
exam, agreed to amend its auxiliary aids policy. Becker will no
longer limit its offered auxiliary aids to audiotape transcripts
prepared for the instructors' use, and will provide appropriate
auxiliary aids and services, including qualified sign language
interpreters and assistive listening devices, to students with
hearing impairments. The company may require a student to attend
a consultation meeting, at which time the student would explain
his or her individual needs and means of communication. Becker
would explain the nature of the class and the proposed auxiliary
aid or service. However, Becker may request that the student try
its proposed aid or service at a Becker class prior to the session
that the student wishes to attend. If the student can articulate,
based on experience or skills, why the proposed aid or service
will not provide effective communication, the student will not
be requested to try out the proposed auxiliary aid or service.
Becker also agreed to appoint a national ADA coordinator and to
train its staff regarding the policy revision; pay $20,000 to
the Department of Justice to be distributed to seven deaf and
hearing impaired individuals, all former Becker students; and
establish a $25,000 scholarship fund for accounting students who
have hearing impairments at California State University.

NCAA Will Revise Eligibility Requirements to Accommodate
Student-Athletes with Learning Disabilities -- Under a landmark
consent decree, the National Collegiate Athletic Association will
modify policies that each year prevented hundreds of students
with dyslexia and other learning disabilities from playing college
sports and receiving athletic scholarships. The agreement in United
States v. National Collegiate Athletic Association, which
was filed in the U.S. District Court for the District of Columbia,
stems from a series of complaints lodged with the Department by
student-athletes alleging that the NCAA's initial-eligibility
academic requirements discriminate against student-athletes with
learning disabilities. The agreement requires the NCAA to modify
its policies while at the same time enabling it to maintain its
academic standards. The NCAA agreed to --

Revise its rules so that classes designed for students with
learning disabilities can be certified as core courses if the
classes provide students with the same types of knowledge and
skills as other college-bound students;

Allow students with learning disabilities who are unable
to meet the initial eligibility rules when they graduate from
high school to earn a fourth year of athletic eligibility if
they complete a substantial percentage of their degree work and
maintain good grades;

Direct its committees that evaluate applications filed by
students who do not meet the requirements but are seeking a waiver
to consider a broad range of factors in reviewing the student's
high school preparation and performance when deciding whether
to grant a waiver and not to use a minimum qualifying test score
on the SAT or ACT;

Include experts on learning disabilities on the committees
that evaluate waiver applications.

In addition, the consent decree requires the NCAA to undertake
efforts designed to prevent further violations of the ADA, including
designating one or more employees as an ADA compliance coordinator
to serve as a resource to NCAA staff and as a liaison with students
with learning disabilities; providing training to its staff regarding
the new policies; and publicizing the terms of the agreement to
high schools, students, parents, and member colleges and universities.
The NCAA also agreed to pay a total of $35,000 in damages to four
student-athletes.

Days Inns Will Promote Accessibility at New Hotels Nationwide
-- The world's largest hotel chain agreed to undertake a nationwide
initiative designed to make hundreds of its new hotels across
the country more accessible to persons with disabilities. The
consent decree, filed in U.S. District Court in Pikeville, Kentucky,
resolves five lawsuits filed by the Department of Justice. The
suits alleged that franchiser Days Inns of America, Inc, and its
parent company, Cendant Corporation (formerly HFS, Inc), because
of their significant role in the design and construction of new
Days Inns hotels, violated the ADA by allowing franchisees to
construct hotels that failed to comply with the ADA Standards
for Accessible Design. Under the agreement, Days Inns will --

require new hotels to certify that they are in compliance
with the ADA Standards before they open for business as Days
Inns;

pay for an independent survey program designed to identify
ADA problems at newly constructed hotels;

establish a $4.75 million revolving fund to provide interest-free
loans to franchisees of newly constructed hotels to finance repairs
and renovations required for ADA compliance; and

pay $50,000 to the United States.

The agreement ends four years of litigation that followed an
18-month investigation of newly constructed Days Inn hotels across
the country. The investigation revealed that similar accessibility
problems existed throughout the chain, including, for example,
insufficient accessible parking, inaccessible entrances and walkways
at the facilities; inadequate space for persons who use wheelchairs
to maneuver in guestrooms and bathrooms; insufficient visual alarm
systems for persons who are deaf or hard of hearing; inadequate
signage for persons who are blind or have low vision; inaccessible
routes throughout the hotels; and guestroom and bathroom doors
that were not wide enough to allow wheelchairs to pass inside.
The owners, contractors and all but one architect for each of
the five hotels named in the lawsuits had earlier entered into
consent decrees or agreements with the Department. This consent
decree resolves the remaining claims against Days Inns of America
and Cendant Corporation.

United States v. Ellerbe Becket, Inc. -- The Ellerbe
Becket architectural firm agreed that all of the new sports stadiums
and arenas that it designs in the future will be designed to provide
wheelchair seating locations with a line of sight over standing
spectators. The agreement specifically applies to any facility
with more than four fixed seats and in which spectators can be
expected to stand for all or any part of an event . The consent
decree resolves the Department's lawsuit alleging that Ellerbe
had violated the ADA by repeatedly designing new sports stadiums
and arenas that violated the ADA new construction requirement
for comparable lines of sight for wheelchair seating locations.
Ellerbe argued that the court should dismiss the case because
architects are not covered by title III of the ADA and because
lines of sight over standing spectators are not required. The
court disagreed with both of these arguments and allowed the case
to continue.

Arnold v. United Artists Theatre Circuit, Inc. -- The
Department entered into a formal agreement and consent decree
with United Artists Theatre Circuit, Inc. (UATC), one of the nation's
largest exhibitors of motion pictures, that will ensure compliance
with the ADA's barrier removal and new construction provisions
at more than 400 theater locations with approximately 2,300 screens
throughout the United States. The consent decree, which was filed
simultaneously with the Department's intervention in Arnold
v. United Artists Theatre Circuit, Inc., will completely resolve
that suit. The Arnold case was a private class action suit brought
on behalf of California residents with mobility impairments who
encountered barriers at UATC theaters. The agreement requires
UATC to take the following actions in almost all of its existing
theaters throughout the country within the next five years --

provide parking spaces that comply in design and number with
the requirements of the ADA Standards for Accessible Design (the
Standards);

provide an accessible path of travel from parking spaces
to an accessible theater entrance;

provide in each auditorium the number of wheelchair seating
spaces required in comparably-sized, newly-constructed auditoriums,
with companion seating;

ensure that one percent of the total number of seats is aisle
seats with folding or removable aisle-side armrests;

provide at least two dispersed wheelchair seating locations
at a distance of from one-third to two-thirds of the way back
from the screen in auditoriums with more than 300 seats; and

modify existing restrooms to make them accessible or construct
unisex accessible restrooms that comply with the Standards.

UATC will also be required to bring all theaters constructed
for first occupancy after January 26, 1993, into full compliance
with the Standards by no later than June 30, 1997, and to ensure
that future construction complies with the Standards.

United States v. Harcourt Brace Legal and Professional Publications,
Inc. -- A consent decree resolved this suit against the auxiliary
aids policies of Harcourt Brace Legal and Professional Publications
regarding Bar/Bri, the nation's largest preparatory course for
individuals studying for bar examinations. The Department's complaint
alleged that the Bar/Bri course failed to provide appropriate
auxiliary aids to students with vision and hearing impairments.
Under the consent decree, filed simultaneously with the complaint,
Harcourt Brace agreed to establish a detailed set of procedures
for identifying and providing appropriate auxiliary aids and services,
including qualified sign language interpreters, assistive listening
devices, and Brailled materials, to students with disabilities.
In addition, Harcourt Brace has agreed to pay $28,000 in compensatory
relief. This award is divided among two students, the California
Department of Rehabilitation which provided the interpreter for
one of the students, and the individual who converted the course
materials into Braille for the other student. Harcourt Brace also
agreed to pay $25,000 in civil penalties, adopt and implement
a formal written policy ensuring that auxiliary aids and services
are promptly and properly provided, educate Bar/Bri staff regarding
students with disabilities, and include information regarding
the availability of auxiliary aids and services for students with
disabilities in its advertising materials.

Amicus Briefs

Title II

Rogers v. South Carolina Department of Health and
Environmental Control -- The Department argued in an amicus
brief filed with the U.S. Court of Appeals for the Fourth Circuit
that title II covers the employment practices of public entities.
The suit challenges the distinctions between mental disorders
and physical disorders in the benefits available under the State's
long-term disability plan for its employees. The lower court ruled
that title II covers employment but found that the long-term disability
plan is not discriminatory. The Department's brief in the court
of appeals argues that the broad language of title I and its legislative
history make clear that Congress intended there to be employment
coverage under title II, as well as title I, with title II procedures
patterned after those of section 504 of the Rehabilitation Act.

Title III

Johanson v. Huizenga Holdings -- The Department filed
an amicus brief in the U.S. District Court for the Southern District
of Florida solely on the issue of whether architects should
be held liable under the ADA if the features of arenas that they
design do not comply with the ADA Standards for Accessible Design.
The suit involves the new indoor hockey arena for the Florida
Panthers of the National Hockey League designed by the Ellerbe
Becket architectural firm.

Stevens v. Premier Cruise Lines -- The Department filed
an amicus brief in the U.S. Court of Appeals for the Eleventh
Circuit in support of the right of an individual to challenge
disability discrimination by a cruise line. The complaint alleges
that Premier Cruise Lines located in Miami, Florida, violated
the ADA by charging her an increased fare for an accessible cabin
and by failing to remove architectural and communication barriers
on the ship to make it accessible to persons with disabilities.
The amicus brief argues that the plaintiff has the right to ask
the court to consider ordering changes in its ships and policies
because she has alleged that she would take another cruise with
defendants if their ADA violations were corrected. The brief also
asserts that the ADA covers cruise vessels when they are in the
ports or other internal waters of the United States, even if they
are registered in a foreign country.

Formal Agreements

Titles I and II

South Carolina Department of Social Services, Columbia,
South Carolina -- The South Carolina Department of Social
Services agreed to issue new State requirements for caregivers
employed in child care facilities that will no longer automatically
disqualify persons with disabilities who, because of their disability,
were unable to earn a high school diploma. A caregiver is any
member of a child-care provider's staff who assumes some responsibility
for supervising children. Under the new rules individuals who
receive a certificate of completion instead of a high school diploma
and who can perform the essential functions of the caregiver position
must be given an equal opportunity to be hired and may not be
discriminated against in the terms and conditions of their employment.
South Carolina also agreed to revise the job requirements for
caregivers to ensure that they accurately reflect the actual knowledge,
skills, and abilities necessary to perform the essential functions
of the position.

Arizona and North Carolina Agree Not To Discriminate
Against School Bus Drivers With Diabetes -- School bus drivers
in Arizona and North Carolina will no longer face discrimination
in hiring or risk being fired just because they use insulin to
control diabetes. Two out-of-court agreements with the Department
of Justice settled complaints that school districts in Arizona
and North Carolina fired diabetic school bus drivers with accident-free
driving records. Under Arizona and North Carolina law, persons
with diabetes who use insulin were barred from operating a school
bus. The Arizona Department of Transportation and the North Carolina
Division of Motor Vehicles applied their laws without regard to
whether a person's condition actually prevented them from safely
operating a vehicle. Under both agreements, the States will stop
the practice of automatically barring individuals from operating
a school bus who use insulin to control their diabetes. North
Carolina will enact new regulations. Consistent with the ADA's
requirements, the States will rigorously assess people with diabetes
who use insulin on an individual basis to see if the person's
diabetes can be controlled and monitored. Drivers who are deemed
eligible to operate a school bus also will be subject to stringent
self-monitoring and other requirements designed to ensure continued
safety. Under the agreements, the Arizona complainant will receive
$10,000 and the North Carolina complainant $9,000. For several
years, the two individuals had operated school buses for local
school districts safely and without any health-related incidents.
They ultimately were terminated by their school districts because
of their use of insulin. The Yuma, Arizona, Elementary School
District No. 1 has agreed to reinstate one person to her school
bus driver position.

Title II

Barbour County, Alabama -- The Department reached
an agreement with Barbour County, Alabama, resolving a complaint
alleging that the jail discriminated against an inmate because
of his mental illness. The county will ensure that inmates with
mental illnesses will receive prescribed medication while incarcerated
and appropriate monitoring by the designated health care provider
for the jail. In addition, the jail will train its staff on its
ADA responsibilities and post notices informing individuals with
disabilities how to receive assistance in gaining access to the
jail's services, programs, and activities.

Georgiana, Alabama -- The City of Georgiana,
Alabama, agreed to remove architectural barriers at the City Hall,
the Police Station, the Magistrate's Court and Council Chamber,
and the Hank Williams, Sr., Museum -- the childhood home of the
well-known country music singer-songwriter. The City will install
entrance ramps, modify existing rest rooms, and alter sidewalks
to provide access to the programs offered at the sites.

Pearl River County, Mississippi -- The U.S. Attorney's
Office for the Southern District of Mississippi entered into an
agreement with the Pearl River County 9-1-1 Commission, which
oversees the administration of 9-1-1 services for the entire county.
The Commission has agreed to install additional equipment so that
each answering position has TDD response capability; establish
procedures for effective processing of TDD calls, including training
for emergency dispatchers; develop and implement a public education
program to promote the use of 9-1-1 by individuals who use TDD's;
and conduct semiannual audits of the quality of service provided
to TDD users.

Access to 9-1-1 Systems -- U.S. Attorney's offices entered
written agreements to ensure direct, equally effective access
for TDD users to 9-1-1 emergency systems in the following localities
--

The agreements require each 9-1-1 center to have TDD capability
at each call-taker position, to query every "silent call"
with a TDD, and to thoroughly train each call-taker in handling
TDD calls.

Van Buren County, Tennessee -- The Department
entered into an agreement with Van Buren County, Tennessee, to
resolve a complaint in which it was alleged that programs, services,
and activities offered in the county's courthouse are not accessible
to persons using wheelchairs. The complainant also alleged that
the county had not appointed an employee responsible for coordinating
its efforts to comply with the requirements of title II. Under
the agreement the county appointed an ADA coordinator and formally
agreed to take specific steps to ensure that meetings and court
proceedings ordinarily held in the courthouse are accessible to
persons using wheelchairs.

Johnson County, Tennessee -- Johnson County will
renovate its courthouse to make it accessible to people with disabilities.
It also agreed that county personnel will meet individuals with
disabilities at accessible locations when services, programs,
and activities are not provided in accessible buildings.

Citrus County, Florida -- Citrus County agreed
to provide raised and Brailled characters on signs designating
permanent rooms and spaces in its courthouse and to renovate the
restrooms so that at least one men's toilet room and one women's
toilet room is fully accessible. Each toilet room will have visual
alarms and at least one accessible lavatory, mirror, and dispenser.

Natchez, Mississippi-- The Department entered
into an agreement with the City of Natchez, Mississippi, to resolve
access problems at the county library and violations of the ADA
Standards for Accessible Design in the construction plans for
a new convention center and visitors bureau. The city agreed to
provide van-accessible parking, companion seating, and a 36-inch
alternative accessible stall in addition to the standard accessible
stall in one of the restrooms at the convention center and visitors
bureau. The city also took lead responsibility for installing
a ramp to make the entrance to the county library accessible.

Moore County, North Carolina-- The Department
entered into an agreement with the Board of Commissioners of Moore
County, North Carolina, resolving a complaint alleging that the
Commissioners held public meetings on the top floor of the historic
county courthouse building in Carthage, a location accessible
only by stairs. The Department found that the battery-operated,
tractor-type device purchased by the board to provide access to
that floor was inadequate because it did not permit independent
access and operation, and because it did not provide access for
people who use "scooter" type wheelchairs or for individuals
with mobility disabilities who do not use wheelchairs. The board
agreed to relocate public meetings to an accessible location,
if requested to do so, until a planned elevator is installed.
It will also adopt a written policy statement on how to obtain
reasonable modifications in policies, practices and procedures
and a written procedure for resolving complaints, including the
name, telephone number and office address of the ADA coordinator.

Jackson, Mississippi -- The Mississippi Coliseum,
one of the largest stadiums in that State, will be made accessible
to people with disabilities under an agreement with the Mississippi
Fair Commission and the Mississippi Department of Finance and
Administration. As part of an ongoing renovation of the 10,000-seat
coliseum, the State will make one percent of the seating accessible
to people who use wheelchairs and provide companion seating. The
agreement calls for the accessible seats to be dispersed throughout
the coliseum with lines of sight over standing spectators. The
State will also provide accessible restrooms, concession stands,
and parking lots; institute new ticketing policies for accessible
seating; train paid and volunteer staff on the requirements of
the ADA, and appoint ADA coordinators to assist people with disabilities.

Kingstree, South Carolina -- The Town of Kingstree
agreed to make public documents available on tape at the request
of individuals who are blind or who have impaired vision. The
tapes will be provided at no cost and within three days of the
request. Kingstree agreed to adopt and post a written policy statement
on making reasonable modifications in policies, practices and
procedures for people with disabilities. In addition, Kingstree
will adopt and publish a procedure for providing prompt and equitable
resolution of ADA complaints.

North Myrtle Beach, South Carolina-- The Department
entered into an agreement with the City of North Myrtle Beach,
South Carolina, resolving a complaint alleging that a variety
of city buildings and programs were not accessible to people with
mobility impairments and people with hearing impairments. As a
result of the agreement, North Myrtle Beach will prepare a self-evaluation
report, and, if necessary, a transition plan; adopt a formal policy
statement regarding provision of auxiliary aids and services,
including an effective communication policy for the city's police
department; post public notices describing the city's efforts
to comply with the ADA; designate ADA coordinators and ensure
that they receive adequate training; and distribute educational
materials regarding title II to all city employees.

Conway, South Carolina -- The City of Conway
entered into an agreement to resolve a complaint involving issues
of both physical and communications accessibility. The agreement
requires the city to complete a self-evaluation report, and if
necessary, a transition plan; and implement a written policy regarding
the city's interactions, including those of the police, with people
who are deaf or hard of hearing. The city will appoint two ADA
coordinators, one for the police department and one for the city
generally. It will post a notice in various city buildings identifying
the ADA coordinators and describing the city's efforts to comply
with the ADA. Conway will also ensure that the ADA coordinators
view an educational video on title II, and it will distribute
materials describing the city's title II obligations to all city
employees.

Pitt County, North Carolina -- The Department
entered into a formal agreement with the Pitt County North Carolina
Board of Commissioners concerning the failure to provide effective
communication for hard of hearing participants at their meetings,
even after the commissioners obtained an assistive listening system.
The agreement requires commission members to use the system microphones
to ensure that they can be heard. The board also established a
policy by which members of the public can request reasonable modifications
in policies, practices, and procedures of the commission.

Hancock and Harrison Counties, Mississippi --
The Department entered into two separate agreements with Hancock
and Harrison Counties to resolve complaints alleging that both
counties disqualified a prospective juror who is deaf because
of his disability. The Counties agree to establish a policy to
ensure that individuals who are deaf or hard of hearing will not
be excluded from jury service or from participation as parties,
witnesses, or spectators in any court proceedings because of their
disabilities.

Destin, Florida -- Following a compliance review,
the City of Destin, Florida agreed to remove barriers in its newly
constructed city hall building that failed to comply fully with
the ADA Standards for Accessible Design. Measures agreed to include
installing a ramp leading into a side entrance, modifying four
restrooms, installing signage, providing access to council chambers,
and widening doorways in the building. The City of Destin has
also filed a complaint with the Florida licensing board against
the original architectural firm that designed the city hall for
its failure to comply with the ADA Standards.

Tallahassee, Florida-- The Department entered into
an agreement with the Florida State Courts System ensuring effective
communication in court proceedings. The complainant, a defendant
in an eminent domain proceeding who is hard of hearing, alleged
that the Twentieth Judicial Circuit of Florida discriminated against
her on the basis of her disability by failing to take appropriate
steps to ensure that its real-time transcription system provided
effective communication during the proceedings. The agreement
requires that all Florida courts ensure that real-time transcription
services be accurate in order to ensure effective participation
by people who are deaf or hard of hearing. The agreement also
includes minimum guidelines for real-time transcriptions.

Marshall County, Mississippi-- An agreement
resolved two complaints involving the discharge of volunteer firefighters
for HIV-related reasons. One complainant alleged that he had been
removed from membership in a county-funded volunteer fire department
after the fire department learned he was HIV-positive. The other
complainant alleged that he had been removed from membership with
county-funded fire departments as a result of his known association
with the first complainant. The County agreed to reinstate the
complainants immediately to regular membership as volunteer firefighters,
with all appropriate equipment and training, and pay each $1,000
in damages. In addition, the County agreed to ensure that the
volunteer fire departments will not retaliate or harass these
individuals for asserting rights protected by the ADA, to conduct
training for all volunteer firefighters on universal precautions
to prevent the transmission of HIV during firefighting activities,
to issue a nondiscrimination policy, and to adopt grievance procedures
for reviewing claims of discrimination.

Pickens County, South Carolina-- The Pickens
County Court agreed to provide effective communication with individuals
who are deaf or hard of hearing. This agreement resolved a complaint
that the court denied the request of a woman who is hard of hearing
that her daughter be permitted to assist her while she testified
by repeating questions so that the complainant could understand
them. The court adopted a policy to provide auxiliary aids and
services when necessary to afford effective communication, and
to give primary consideration to the request of an individual
with a disability for a specific aid or service. The court will
notify the public and train court personnel about these policies.

Pinellas County, Florida -- The Pinellas County
Sheriff's Office entered a formal agreement involving auxiliary
aids issues. The agreement resolves a complaint alleging that
the Sheriffs Office did not secure the services of a qualified
interpreter for an inmate who was deaf and failed to provide him
with a TDD so that he could make outgoing calls. The Sheriff's
Office agreed to maintain the additional TDD's that it purchased,
to permit inmates and visitors to have access to 800 numbers for
the purpose of making calls through telephone relay services,
and to establish procedures for securing the services of qualified
interpreters whenever necessary to ensure effective communication
with individuals who are deaf or hard-of-hearing.

Atlanta, Georgia --The Georgia World Congress
Center Authority has agreed to make significant alterations to
the Georgia World Congress Center, a large convention facility,
and one of the proposed venues for the 1996 Olympic Games. The
alterations include widening doors to the auditorium; providing
accessible seating for people who use wheelchairs; providing alternatives
to turnstile entrances to food service areas; altering specific
features in designated food service areas; and altering telephones,
restrooms, door hardware, and water fountains.

Hickman County, Kentucky -- Hickman County agreed
to develop a compliance plan to provide access to the services,
programs, and activities conducted in its courthouse, thus resolving
a complaint alleging that a man using a wheelchair was unable
to enter the circuit clerk's office to renew his driver's license
because the doors were too narrow.

Madison County, Florida -- The Board of Commissioners
of Madison County agreed to install an elevator, widen doors,
renovate toilet facilities and water fountains, and install appropriate
signage to make its programs at the Madison County Courthouse
accessible for persons with mobility impairments. The County also
will submit an interim plan for making its programs accessible
until the renovations are completed.

Pinellas County, Florida -- The Sixth Judicial
District of Florida entered into an agreement requiring the courts
in that district to establish a written policy on providing qualified
interpreters for participants, including parties, witnesses, jurors,
and spectators, who are deaf or hard of hearing; secure the services
of a qualified interpreter when necessary to ensure effective
participation; notify the public about the policy; and inform
and instruct all appropriate district court officials to comply
with the policy.

Clearwater, Florida -- The complaint alleged
that the police department had failed to provide an interpreter
in the arrest of an individual who is deaf. The Clearwater police
department agreed to establish and publicize a written policy
for providing interpreters whenever necessary for effective communication.

Title III

Duke Will Make Comprehensive Changes for Campus Accessibility
-- Duke University in Durham, North Carolina, agreed to make a
broad range of programs and facilities more accessible to persons
with disabilities including academics, dining and living facilities,
and social aspects of campus life. Under the agreement, Duke will
--

modify elevators, entrances, counters, food service lines,
telephones, and bathrooms throughout campus so they are accessible
to persons with disabilities;

create accessible circulation paths to, among, and within
university buildings and other facilities by repairing sidewalks
and modifying hallways, doors, and ramps;

ensure that all programs and classes in which individuals
with physical disabilities are enrolled are located in accessible
spaces;

modify shuttle bus route schedules to ensure that accessible
buses run regularly and frequently on each route;

make dormitory rooms fully accessible upon enrollment of
students with disabilities until two percent of all dormitory
rooms on campus are accessible;

enlarge doorways in at least half of the rooms on floors
with accessible rooms in 18 of 25 dormitories, so students using
wheelchairs can visit friends;

provide accessible seating in the Cameron Indoor Stadium
and other assembly areas, access to stages and backstage areas
around campus, and assistive listening devices in assembly areas;

provide accessible parking throughout campus;

replace signs throughout campus so they can be read by people
with vision impairments and so that people with mobility impairments
are properly directed to accessible routes and spaces; and,

pay $25,000 in civil penalties to the United States and $7,500
in compensatory damages to the complainant, a wheelchair user
who graduated from Duke in 1997.

Gulliver Academy, Coral Gables, Florida -- The
Department entered an agreement with Gulliver Academy, a private
for-profit school, resolving a complaint filed by a student with
cerebral palsy who alleged that, after she was admitted to the
school, she was excluded because of the accommodations she needed.
The school agreed to identify and remove architectural barriers,
modify practices to provide individual assistance in the use of
campus facilities, designate a disability coordinator, and adopt
an extensive administrative protocol for the admission and accommodation
of students with disabilities.

Orlando Science Center, Orlando, Florida -- The
Orlando Science Center agreed to correct violations of the ADA's
new construction requirements. The Center will create two additional
wheelchair spaces with fixed companion seating in both its theater
and planetarium, lower counter tops, and make its photo lab and
all restrooms accessible.

Neurologic Institute of the Gulf Coast, Gulfport, Mississippi-- Under an agreement with the U.S. Attorney's Office for
the Southern District of Mississippi, the Neurologic Institute
of the Gulf Coast will provide sign language interpreters when
necessary to ensure effective communication with its patients
who are deaf or hard of hearing. The Institute agreed to provide
interpreters upon 48 hours notice for regularly scheduled appointments;
to post its interpreter policy in writing in the office, and to
conduct an ADA training seminar for its staff.

Saxton Pierce Restaurant Corporation, d/b/a Mazzio's Pizza,
Clinton, Mississippi-- The U.S. Attorney for the Southern
District of Mississippi entered into an agreement with Mazzio's
Pizza to resolve violations of the ADA Standards for Accessible
Design in the company's architectural designs for a new restaurant.
Under the agreement, Mazzio's will provide the required number
of accessible parking spaces with proper dimensions and signage,
including one van-accessible space to comply with the ADA Standards
for Accessible Design. Mazzio's modified the plans for the restrooms
to provide maneuvering space on the pull side of the door in the
vestibule outside the restrooms and clear floor space underneath
the lavatories. In addition, Mazzio's altered its design to provide
an accessible entrance into the kitchen area and to relocate the
planned common use lavatory in the kitchen preparation area to
provide the required maneuvering space.

Southeastern Conference, Birmingham, Alabama
-- The Southeastern Conference (SEC), one of the nation's major
collegiate athletic conferences, agreed to resolve a complaint
filed by a high school swimmer with a learning disability who
was prevented from enrolling at the University of Tennessee
because of an SEC academic eligibility rule. In an earlier consent
decree with the Department of Justice the NCAA agreed to modify
many of its eligibility procedures so that the academic abilities
of student-athletes with learning disabilities would be measured
more accurately. The NCAA consent decree allows student-athletes
with learning disabilities, who fail the rigid initial eligibility
requirements, to be designated as "partial qualifiers"
who are entitled to earn back a year of athletic eligibility,
if they can demonstrate academic success in the classroom by completing
a certain number of courses with a permissible grade point average.
Under the new rules, the NCAA considered the complainant a partial
qualifier and offered him the opportunity to earn another year
of competition if he succeeded in the class room. However, the
SEC prohibits anyone who is not a full qualifier on the day he
or she enrolls as a freshman from ever participating in athletics.
In its agreement with the Department of Justice, the SEC agreed
to exempt student-athletes with learning disabilities from its
restrictive policy, bringing its rules into line with the new
NCAA policies.

Penn Treaty Network America Insurance Company, Sarasota,
Florida -- The Penn Treaty Network America Insurance
Company entered an agreement with the Department resolving a complaint
by a deaf individual who alleged that she was denied nursing home
insurance solely because of her disability. The company agreed
to reconsider her application for insurance and to develop a company
policy for its employees and agents to ensure effective communication
with customers with hearing impairments.

Seminar Concepts, Hattiesburg, Mississippi--
Under an agreement with the U. S. Attorney's Office for the Southern
District of Mississippi, Seminar Concepts, which offers continuing
education courses in the field of physical and occupational therapy,
will provide appropriate auxiliary aids and services to students
who are deaf or hard of hearing. Seminar Concepts will consult
with a student who requests an auxiliary aid and notify the student
well in advance of the course as to what auxiliary aid it intends
to provide. Seminar Concepts will train its staff on the ADA's
auxiliary aids requirements and provide information on requesting
auxiliary aids in its advertising and application materials.

Swifty Mart Convenience Stores, Tallahassee, Florida
-- The owners of Swifty Mart Convenience Stores agreed to remedy
access violations at 53 stores. Swifty Mart will provide accessible
parking spaces with appropriate signage; curb ramps where an accessible
route crosses a curb; refueling assistance to any person with
a disability who specifically requests refueling assistance when
more than one employee is on duty and no security risk will result;
and ADA training for employees. It also agreed to pay a civil
penalty of $5,000 and to ensure that any stores that it purchases
or leases in the future will meet the requirements of the ADA
Standards for Accessible Design.

First Intermed Corporation, Brandon, Mississippi-- The U.S. Attorney's Office for the Southern District of
Mississippi entered an agreement with the First Intermed Corporation,
owner of the MEA Medical Clinic, an after-hours emergency clinic,
to remedy violations in architectural plans for a new facility.
The agreement requires modifications to bring the new facility
into compliance with ADA Standards for Accessible Design, including
modifying parking, curb ramps, interior door widths, door hardware,
counter heights, and restrooms.

Central Mississippi Medical Center, Jackson, Mississippi-- The U.S. Attorney's Office for the Southern District of
Mississippi reached an agreement with Central Mississippi Medical
Center resolving a complaint that the Center denied a request
for an interpreter for a deaf individual to attend child birth
classes. The Center will institute a policy to ensure that individuals
will receive the auxiliary aids and services needed for effective
communication, including sign language interpreters. For courses
or seminars offered by the Center, no more than 48 hours prior
notice will be required to receive an interpreter. The Center
will also provide ADA training to its employees and pay $1,000
in damages to the complainant.

Cumberland Child Care, Smyrna, Georgia-- The
Department entered into an agreement with Cumberland Child Care
resolving a complaint by parents alleging that their preschool
child was prevented from bringing his asthma inhaler to class.
The child care center had a policy barring children from bringing
any medications with them to the center, including asthma inhalers.
Because of this policy, the parents placed the child in another
child care facility. In the agreement, Cumberland Child Care agreed
to allow the child to bring the inhaler to class and agreed to
administer emergency asthma treatment with the consent of the
parents in accordance with the doctor's instructions. Cumberland
also agreed to pay $1,500 in damages to the complainant.

Best Western Marina Park Hotel, Miami, Florida
-- The U.S. Attorney for the Southern District of Florida reached
an agreement that will vastly improve accessibility at the Best
Western Marina Park Hotel in Miami. The Marina Park agreed to
hold accessible rooms open for people with disabilities until
all other rooms are rented; remove barriers to access throughout
the hotel, including in the hotel entrance, parking, guest rooms,
restaurant, lobby areas and restrooms; and provide auxiliary aids.
The hotel will have six guest rooms accessible to persons with
mobility and hearing impairments, two of which will have roll-in
showers, and an additional six guest rooms accessible to persons
who are deaf or hard of hearing.

Miramar Beach Apartments, Sarasota, Florida--
The Department entered into an agreement with the Miramar Beach
Apartments, a vacation resort located in Sarasota, Florida, resolving
an allegation that the complex had refused to allow a blind woman
to rent the apartment of her choice because she was blind and
accompanied by her service dog. The Miramar Beach Apartments agreed
to pay her $7,500 in compensation and to ensure that persons with
disabilities and their service animals are welcome.

Denny's Restaurant, Lumberton, North Carolina
-- The Department entered into an agreement with B&G Management,
Inc., operator of a Denny's Restaurant in Lumberton, North Carolina,
resolving a complaint alleging that the restaurant refused to
serve a customer and his wife because he was accompanied by a
service animal. B&G agreed to adopt a policy that all persons
with disabilities, including those accompanied by service animals,
will be welcome in the restaurant, and that no proof of an animal's
certification as a service animal will be required. B&G also
agreed to post this policy in the restaurant and train its employees
to ensure that it is carried out. In addition, B&G paid $1,000
to the complainant in compensatory damages.

Shoney's, Inc., Nashville, Tennessee -- The Department
entered into a nationwide agreement with Shoney's resolving a
complaint alleging that a Shoney's restaurant in Huntsville, Alabama,
violated the ADA by failing to allow a service animal into the
restaurant. Shoney's agreed to develop a company-wide policy on
service animals, train its employees, and post the policy in all
of its restaurants. The policy will state that all persons with
disabilities, including those accompanied by service animals,
are welcome, and that no proof of an animal's certification as
a service animal is required. In addition, the agreement includes
a payment of $1,000 to the complainant in compensatory damages.

Hotel Bel-Air, Los Angeles, California; Lauderdale Beach
Hotel, Fort Lauderdale, Florida -- The Department signed
agreements with hotels in California and Florida resolving complaints
concerning their alleged failure to provide auxiliary aids and
services to deaf and hard of hearing guests, including visual
alarms to alert them to smoke and fire, visual notification devices
to alert them of incoming telephone calls and door knocks or bells,
TDD's, television decoders, and phone amplifiers. The hotels agreed
to obtain all of the auxiliary aids and services, make a good
faith effort to make arrangements to rent or share additional
TDD's, if needed, upon request, and honor the request within two
hours of receiving it. The complainant in each case received $5,000
in compensatory damages.

Disney Agrees to Interpreters, Captioning, Assistive Listening
Systems -- The Department and Walt Disney World reached a
comprehensive agreement resolving complaints that Disney had failed
to provide auxiliary aids for effective communication for persons
who are deaf or hard of hearing. Under the agreement Disney will
--

provide oral and sign language interpreters at numerous specified
attractions by March 1, 1997, at Walt Disney World in Florida,
and by December 31, 1997, at Disneyland in California, upon notice
two weeks in advance of an individual's planned visit;

make captioning systems available without reservation at
the entrance to specified rides or shows no later than December
31, 1997, at both Disney resorts;

provide transcripts to persons who are deaf or hard of hearing
at attractions and allow these individuals an opportunity to
ride an attraction promptly a second time in order to better
understand the written text;

schedule interpreters at specified shows, performances, and
rides on a rotating basis so that guests can attend all interpreted
attractions in one day at one of the three parks at Walt Disney
World in Florida and Disneyland in California;

provide closed captioning on video monitors in queues for
attractions and other arcades throughout the parks;

make interpreter schedules available from Walt Disney World
and Disneyland Guest Services;

provide assistive listening systems and written transcripts
for most attractions for hard of hearing guests who desire them;

train employees to improve services for guests who are deaf
or hard of hearing;

advertise its services for guests who are deaf or hard of
hearing.

Comfort Inn, Lake Buena Vista, Florida -- The
Comfort Inn of Lake Buena Vista, Florida (located near Walt Disney
World) -- one of the nation's largest Comfort Inns with 640 guest
rooms, a restaurant, and two swimming pools -- has agreed to undertake
a wide range of barrier removal measures to ensure accessibility.
The hotel will provide 19 fully accessible guest rooms with accessible
bathrooms, including six bathrooms with roll-in showers, as well
as 13 additional rooms equipped for persons with hearing impairments.
The hotel will also repair four recently modified "accessible"
guestrooms to reposition the toilets, lavatories, clothes rod,
and door sign to make them accessible; insulate the hot water
pipes and provide accessible door hardware; take measures to ensure
that its parking lots, lobby, lobby restrooms and common use areas
are accessible; modify drinking fountains; ensure that there is
at least one accessible elevator at each bank; and provide lifts
to enable individuals with mobility impairments to use its swimming
pools.

New Olympic Stadiums Are Fully Accessible -- The Department
entered into agreements to ensure full accessibility at five venues
newly designed and constructed for the 1996 Olympic Games and
Paralympic Games in Atlanta, Georgia. The agreements with
the Atlanta Committee on the Olympic Games and the Metropolitan
Atlanta Olympic Games Authority make the Olympic Stadium, the
Aquatic Center, the Stone Mountain Tennis Center, and the field
hockey stadiums at Morris Brown College and Clark Atlanta University
models for accessible stadium design nationwide. Under the agreements,
the facilities --

will provide accessible seating as an integral part of the
seating plan;

have at least one percent of their total seating accessible
for persons using wheelchairs;

disperse the accessible seating throughout the stadiums,
including in specialty seating areas, such as the suites and
the club level of the Olympic Stadium;

provide a conventional seat next to each wheelchair space
so that spectators with disabilities can sit next to family and
friends;

ensure that virtually all wheelchair seats have a comparable
"line of sight" so that wheelchair users can still
see the playing surface even when spectators in front of them
stand up during an event;

provide an accessible route from parking and transportation
areas to the wheelchair seating locations that connects with
all public areas of the stadiums; and

After the conclusion of the Olympic and Paralympic Games, these
five facilities will be converted into smaller, permanent sports
facilities. For example, the Olympic Stadium will become the new
home for the Atlanta Braves and the Aquatic Center will become
a swimming facility for the Georgia Institute of Technology. The
agreements ensure that the post-Olympic configuration of the facilities
will also be fully accessible.

Knoxville, Tennessee -- The Department entered
an agreement with a Knoxville doctor to resolve a complaint that
he had refused to accept a patient because she is deaf. The patient
alleged that she scheduled a routine appointment for medical services
with the doctor through the relay service of Tennessee but that,
when she arrived at the doctor's office accompanied by an interpreter,
she was refused treatment because she is deaf. Under the agreement,
the doctor agreed to compensate the patient for the alleged denial
of treatment with a payment of $2,000; pay civil penalties of
$1,000 to the United States; develop a written policy of nondiscrimination
regarding treatment of patients with disabilities; and ensure
that all of the doctor's employees are appropriately trained to
carry out this policy.

Raindancer Restaurant, Ft. Lauderdale, Florida
-- Raindancer Restaurant, a steak restaurant in Ft. Lauderdale,
Florida has built a ramp and made its restrooms accessible under
an agreement with the Department. In addition, the two complainants
each received $900 worth of gift certificates for meals at the
restaurant.

Blue Parrot Inn, Key West, Florida -- The Blue
Parrot Inn in Key West, Florida, agreed to modify its policy that
required a person with a disability accompanied by a service animal
to pay a non-refundable fee for the cost of fumigating the room
to exterminate fleas. The Inn agreed to no longer impose the fee,
to modify its advertising and brochures accordingly, to educate
its staff about the new policy, and to pay the complainant $250
in damages.

Hickory, North Carolina--The Department settled
a complaint against the owners of the Life Enhancement Center
health club regarding allegations that the health club had excluded
an individual who uses a wheelchair from the pool and jacuzzi.
The health club owners later allowed him to use the pool, jacuzzi,
and other equipment, but only if he wore a protective helmet at
any time he was out of his wheelchair. Several aspects of the
newly constructed facility failed to meet the ADA new construction
standards. Under the agreement, the owners agreed to change their
previous policies and to allow persons who use wheelchairs to
use the pool and jacuzzi, eliminate the protective helmet requirements,
and make all changes necessary to bring the facility into compliance
with the new construction standards by June 15, 1994.

Emerald Lanes, Greenwood, South Carolina -- The
owners of Emerald Lanes, a bowling center, agreed to construct
a ramp and a new door at the front entrance; build a new, accessible
unisex restroom and vestibule leading to it; and add accessible
parking. The agreement resolved a complaint from an individual
who uses a wheelchair for mobility who could not watch his children
participate in a bowling league and banquet because the facility
was inaccessible.

Greyhound to Improve Bus Service to Passengers with Disabilities
-- An agreement between the Department and Greyhound Lines
Inc., will improve the availability and quality of accessible
bus service for persons with disabilities. The agreement resolves
a wide range of complaints including the denial of passage or
boarding assistance to persons with mobility or vision impairments,
injuries to passengers while being physically carried on and off
buses, and verbal harassment. It requires Greyhound to pay more
than $17,500 in damages, which includes individual payments to
14 complainants ranging from $500 to $4,000. Current Department
of Transportation (DOT) regulations permit carrying, but require
Greyhound to provide lift-equipped bus service on 48 hours' notice
beginning in October 2001. The agreement will minimize the need
for carrying passengers with disabilities by phasing in accessible
bus service in three stages, beginning two years before lift-equipped
service is required by the DOT rules. Under the agreement, Greyhound
will --

(through March 31, 2000 only) provide, with 48 hours' notice
through its ADA Hotline, a lift-equipped bus or assistive device
on scheduled departures to and from locations where these buses
are operated (generally along major routes serving a large proportion
of Greyhound passengers) or where assistive devices can be made
available to passengers who request such accommodations;

on 48 hours' notice, make reasonable efforts to provide an
accessible bus between any of the approximately 2,600
points served by Greyhound; and,

(beginning no later than April 1, 2000) guarantee accessible
buses between any points served by Greyhound, on 48 hours' notice,
except in a limited set of "excusable circumstances"
defined in the agreement.

The agreement also requires Greyhound to --

provide training to employees assisting any person with a
disability;

establish an internal dispute resolution procedure for addressing
complaints by persons with disabilities within 90 days;

inform individuals with disabilities of their rights under
the ADA and the agreement;

convene a meeting of a specially created advisory committee
of representatives from organizations advocating the rights of
persons with disabilities to advise Greyhound on its training
programs and policies by September 30, 1999; and,

The Department of Justice has created a plain language guide
for bus passengers -- available through the ADA Information Line,
the ADA Home Page, and ADA Fax on Demand (document #3400) -- that
explains the requirements of the Greyhound agreement and the DOT
regulations.

Holiday Inn and Crowne Plaza Hotels will Improve Access
and Modify Reservation Policies -- The Department signed two
agreements with Bass Hotels & Resorts (BHR) and 20 separate
agreements with individual hotel franchise owners to resolve ADA
violations throughout BHR's Holiday Inn and Crowne Plaza hotel
chains. The agreement with BHR on reservations and rental policies
requires that each hotel in the two chains must --

guarantee reservations for accessible rooms as they guarantee
other types of reservations;

hold all accessible rooms for persons with disabilities until
6 p.m., at which time they can release all but two (one in each
of the two standard categories of single and double bed rooms),
which must be held until all other rooms of that type are sold;
and

compile a list of accessibility features to be kept at the
hotel's front desk and made available to anyone who calls the
hotel or the central reservations system.

The second agreement requires BHR to make modifications in
three hotels it currently owns or manages and to pay $75,000 to
the Key Bridge Foundation to establish a mediation program for
ADA complaints. BHR will also pay a total of approximately $75,000
to the United States and the complainants to resolve all outstanding
issues.

The Department also reached 20 agreements with Holiday Inn
and Crown Plaza franchisees resolving accessibility complaints
involving hotels at the following locations:

Those agreements require a wide range of modifications, including
removal of barriers to access, provision of auxiliary aids, and
staff training.

Waiting Lines will be Accessible at Wendy's Restaurants
-- Nearly 1,700 Wendy's restaurants will become more accessible
to their customers with disabilities under an agreement reached
with the Department of Justice and nine State Attorneys General.
The out-of-court agreement stems from a joint nationwide investigation
of the restaurant chain by the Department of Justice and nine
States -- the first time the Department has teamed up with States
to launch an investigation under the ADA. Under the agreement,
Wendy's International, Inc. will either widen the queues in which
customers wait to order food, or remove the railings or other
dividers marking the queues to accommodate customers who use wheelchairs.
Prior to this agreement, customers who use wheelchairs had to
cut to the front of the line or stand outside the customer queue
and wait to be recognized by a restaurant employee because the
queues were too narrow. The agreement resolves a two-year investigation
into access issues at Wendy's restaurants by the Department of
Justice and State Attorneys General from Arizona, California,
Florida, Illinois, Kansas, Massachusetts, Minnesota, Pennsylvania,
and West Virginia. The joint task force visited newly constructed
and older Wendy's restaurants in 12 States, which include the
nine States, as well as Louisiana, Ohio, and Washington.

Under the agreement, the Ohio-based chain has agreed to --

either remove or widen the customer queues at all of its
nearly 1,700 corporate-owned or leased restaurants in 39 States;

notify all franchisees of the agreement and their obligations
under the ADA, and provide them with technical assistance;

allow the task force to conduct spot checks of restaurants
covered by the agreement to ensure that customer queues have
been removed or widened;

remove various other barriers found at the 17 newly constructed
restaurants visited by members of the joint task force;

pay the joint task force $50,000; and

pay a total of $12,000 in damages to five individuals or
entities who filed complaints with the Department of Justice
or State Attorney Generals offices, regarding accessibility at
Wendy's.

Marriott International, Inc., Bethesda, Maryland --
The Department entered into an agreement with Marriott International,
Inc., establishing policies for reserving accessible rooms at
all of its Courtyard by Marriott facilities throughout the country.
This agreement serves as a standard for the hotel industry nationwide.
Marriott will ensure that accessible rooms will not be reserved
for nondisabled persons unless all other rooms in a facility have
been reserved and only accessible rooms are left, and that the
central reservations office will be able to guarantee accessible
rooms for any Courtyard hotel at a customer's request, provided
such rooms are available. It also requires that Marriott's Guest
Relations Office maintain a list of accessible rooms at all Courtyard
hotels and keep the list updated, and that employees at all Courtyard
facilities receive training on the obligations of places of lodging
under the ADA. Additionally, Marriott will undertake substantial
barrier removal in the parking area, two public restrooms, and
guest rooms of a Memphis, Tennessee, Courtyard by Marriott
facility that was the subject of a specific complaint, and will
purchase equipment to make five additional rooms at that facility
accessible to persons with hearing impairments. The complainant
alleged that although he and his wife, who has a disability and
uses a wheelchair, were guaranteed an accessible room at the facility,
they were assigned to an inaccessible room, and staff at the facility
did not offer them adequate assistance with finding suitable accommodations
elsewhere. Marriott will pay the complainants $10,000 in compensatory
damages and will pay civil penalties of $7,500.

Avis Inc., Garden City, New York -- Through a negotiated
agreement, the Department resolved its investigation of Avis,
Inc., the country's second largest car rental establishment. Under
the agreement, Avis has committed to providing rental vehicles
equipped with hand controls to persons with disabilities at all
corporately-owned locations. Hand controls will be available on
eight hours notice in all major airport locations and on 24 or
48 hours notice at other facilities, depending on certain factors.
Avis agreed to provide training at all corporate locations. Avis
will urge all existing licensees to adopt the same measures, and
will require all new franchisees and those renewing their contracts
to follow the agreement. The agreement also references two previously-resolved
investigations, where Avis has made substantial changes to its
rental policies to accommodate persons with disabilities. When
renting to persons who do not use credit cards, Avis will allow
persons who are unemployed due to a disability to substitute verifiable
disability-related income in lieu of a verifiable employment history.
Also, persons who cannot drive due to a disability will now be
able to rent cars in their own name and maintain financial responsibility
for a car rental when they are accompanied by a licensed driver.

Avis Rent A Car will Improve Access to Airport Shuttle Systems
for People with Disabilities -- The nation's second largest
rental car company agreed to provide accessible airport shuttle
buses at all of its airport locations nationwide. The agreement
between Avis Rent A Car, Inc., and the Department of Justice resolved
a complaint filed by a traveler who uses a wheelchair alleging
that Avis violated the ADA by not providing access to the shuttle
system that operates between the terminal at the Detroit Metro
Airport and its offsite rental car facilities. During negotiations,
Avis agreed to expand the agreement to cover all of its airport
shuttle systems nationwide. Avis will ensure that --

each of the 36 shuttle systems at airport locations that
it owns and operates will have at least one accessible vehicle
by December 2000; some locations will have several accessible
vehicles;

all newly acquired large shuttle vehicles will be accessible;

accessible curbside service, under which rented vehicles
are delivered directly to the terminal where the customer with
a disability is waiting, will be provided at all locations; and

barriers to access will be identified and removed at each
airport location;

When the Department began its investigation, Avis had only
six lift-equipped vehicles out of 286 in its fleet. When Avis
is in full compliance with the agreement, it will have at least
153 accessible vehicles.

Dollar, Inc., Washington, D.C. -- Dollar, Inc., one
of the largest car rental establishments in the country, agreed
to modify its rental policies to permit people with disabilities
to rent cars when accompanied by licensed drivers. Prior to the
agreement, Dollar required the licensed driver to be the financially
responsible party. This policy made it impossible for people with
disabilities who cannot drive (for example, people with visual
impairments) to rent cars, even when they had a licensed driver
accompanying them. Under the agreement, an individual with a disability
who is the financially responsible party may rent a car using
his or her own credit card, while a driver accompanying the individual
presents his or her own driver's license. All Dollar licensees
renewing existing contracts or entering into new contracts subsequent
to the agreement will be required to adopt the new policy.

Safeway Agreement has Nationwide Impact -- The Department
entered a major agreement with Safeway Stores, Inc., affecting
all 835 Safeway stores in the United States. The agreement requires
Safeway to create at least one 32-inch opening between the security
bollards or cart corrals used at the entrances to many of its
stores so that customers who use wheelchairs can have greater
access. Safeway will also launch a nationwide compliance plan
where it will survey all of its 835 stores, determine the areas
throughout the stores that do not meet ADA requirements, and take
steps to ensure compliance. The agreement resolved a complaint
filed with the Department regarding a Safeway store in Washington,
D.C. Other parties to the agreement include two individuals with
disabilities and the Disability Rights Council of Washington,
D.C., which sued the chain under the ADA, as well as the Disability
Rights Education and Defense Fund, which had received several
complaints about Safeway's California stores.

Smith Barney, Inc., Washington, D.C. -- The Department
reached a formal agreement with Smith Barney, a nationwide financial
planning services company, as a result of which Smith Barney will
provide financial statements and correspondence in large print
to its customers with vision impairments. (Smith Barney already
provides documents in Braille.) The enlarged print documents will
be provided free of charge, upon request. Smith Barney will also
pay a person who filed a complaint with the Department $1,500.
Notice of the service will be sent to 55,000 new customers, and
over 40,000 potential customers, each month.

KinderCare Learning Centers, Inc., Columbus, Ohio --
The Department reached an agreement with KinderCare, the nation's
largest proprietary child care provider, that will allow children
with diabetes to enroll at any of KinderCare's 1100 centers nationwide.
The agreement, which serves as a model for the child care industry
throughout the country, requires KinderCare to perform finger-stick
tests at the request of parents in order to monitor the blood
sugar level of their children and to take appropriate action.
It does not require that KinderCare administer insulin injections.
KinderCare also agreed to engage in a three-year ADA training
initiative for its employees and to appoint a disability services
coordinator. The agreement resolves a Department of Justice investigation
and a private lawsuit brought by the American Diabetes Association,
its Ohio affiliate, and the next friend of Jesi Stuthard. Jesi
had been denied the opportunity to attend a KinderCare Learning
Center near Columbus, Ohio, because of his diabetes and KinderCare's
refusal to perform glucose monitoring.

Nationwide Child Care Agreement Accommodates Children with
Food Allergies, Diabetes, other Disabilities -- The Department
reached an agreement with La Petite Academy, Inc., the nation's
second largest child care provider, protecting the rights of children
with severe food allergies and other disabilities, including diabetes
and cerebral palsy. La Petite Academy, Inc., which operates over
750 day care centers nationwide, has agreed to administer epinephrine,
a form of adrenaline, to those children who experience life-threatening
allergic reactions to certain foods, such as peanuts, or bee stings.
If authorized by parents and a physician, La Petite staff will
use a small pen-like device (sold as Epipen, Jr., or under other
names) that carries a premeasured dose of epinephrine to alleviate
a reaction. The staff person simply removes a safety cap and presses
the pen against the thigh of the child, discharging the epinephrine.
The agreement awards damages in the amount of $55,000 to five
children who were allegedly affected by La Petite's lack of reasonable
modifications for children with disabilities. Three were children
whose food allergies prevented them from enrollment without the
availability of the Epipen, Jr. Two were children with cerebral
palsy, who were denied reasonable modifications in policies, practices,
and procedures that would enable them to continue in child care.
La Petite also adopted a policy for administering finger-stick
tests to measure the blood glucose levels of children with diabetes.

Educational Testing Service, New York, New York -- The
Educational Testing Service and the College Entrance Examination
Board agreed to schedule more dates in 1994 for more than 20,000
students with disabilities wishing to take the new version of
the Scholastic Assessment Test. Under the original testing schedule,
students with disabilities requiring accommodations were offered
only one date to take the updated version, as opposed to their
peers who had several opportunities to take the test. The agreement
also allowed approximately 2,600 students with disabilities who
took the old version of the test the chance to cancel their scores
and retake the new exam.

Carmike Cinemas Inc., Washington, D.C. -- The Carmike
Cinema chain, which operates 510 theaters with over 2700 screens
in 36 States, has agreed to initiate a nationwide process of barrier
removal. The agreement resolves a complaint alleging that certain
theaters operated by Carmike in Des Moines, Iowa, were not accessible
to individuals who use wheelchairs. Carmike agreed to remove barriers
at the Des Moines theaters, including barriers related to inaccessible
entrances, restrooms, ticket windows, lobby areas, concessions,
wheelchair seating, and parking. Carmike also agreed to conduct
a nationwide review of all of its theaters to identify barriers
to access. It developed a twenty-page survey that will be completed
by theater managers at each theater, and the results will guide
the company's barrier-removal program.

Lone Star Steakhouse and Saloons, Wichita, Kansas --
Lone Star Steakhouse and Saloons, a nationwide restaurant chain
operating 105 restaurants in 29 States, agreed to bring 97 new
or altered facilities into full compliance with the ADA within
45 days, and comply with the ADA in the alteration and new construction
of its restaurants in the future. This agreement was the first
resulting from a compliance review, a process by which the Department,
in the absence of a complaint, reviews architectural plans for
new construction and alterations to assess compliance. Initial
review of architectural plans revealed violations of the ADA,
and site visits confirmed Lone Star's failure to provide accessible
routes from parking areas, and other accessible features including
seating, restrooms, and parking. Under the terms of the agreement,
Lone Star is contributing $25,000 to four disability advocacy
groups, in amounts of $6,250 each.

Movie Theater Chain Agrees to Nationwide Agreement --
Cineplex Odeon Corporation, one of the nation's largest operators
of motion picture theaters, agreed to increase significantly the
number of receivers it provides for assistive listening systems
in its more than 800 motion picture theater auditoriums throughout
the United States. Prior to this model agreement, Cineplex provided
four receivers for each auditorium, regardless of its size. The
company will now provide receivers at the rate of two percent
of seats in all auditoriums that opened prior to January 26, 1993.
It will also provide receivers at a rate of four percent of seats
in all auditoriums where audio-amplification systems have been
replaced since January 26, 1992, in order to comply with ADA provisions
governing alterations to existing places of public accommodation.
(The company already provides receivers at the rate of four percent
of seats in new theaters, in strict compliance with the ADA Standards
for Accessible Design.) Cineplex Odeon also agreed to provide
one neck loop per screen in theaters with six or fewer screens
and one for every two screens in theaters with more than six screens.
Neck loops facilitate the use of assistive listening systems by
people who use hearing aids. Additionally, the company will monitor
use of assistive listening systems at all theaters and purchase
additional receivers where necessary to meet additional demand,
even at theaters where receivers will be provided at the rate
of four percent of seats.

The agreement also contains strong provisions requiring maintenance,
advertisement, and promotion of the use of assistive listening
systems. Cineplex will ensure that employees at all theaters know
where receivers are located and how they work in order to respond
to customer questions, test systems periodically, and ensure prompt
repair of equipment. The company will promote the use of assistive
listening systems at its theaters by developing a brochure to
be distributed to audiologists in all of the areas of the country
where it has theaters, by advertising the availability of systems
in newspapers and on pre-recorded telephone announcements for
every theater, and, beginning January 1, 1997, by displaying an
on-screen announcement prior to every feature film shown at a
Cineplex Odeon theater indicating that assistive listening systems
are available.

Other Agreements

A Georgia county jail widened the entrance of a visitor's
booth, purchased two text telephones, and installed call buttons
and toilet grab bars in several rooms of its medical ward.

A Kentucky city government agreed to provide individuals
with disabilities auxiliary aids and services, including sign
language interpreter services, at its public meetings and to provide
closed captioning for public meetings and public announcements
televised on its cable access channel. It also installed hardware
for each of its telephone emergency dispatchers that will provide
direct access to 9-1-1 callers using TDD's.

A collection agency in Memphis, Tennessee, agreed to
accept calls from persons using TDD's through the local relay
service.

A private Florida bus company agreed to provide equal
service to people with mobility impairments by ensuring that the
lifts on all of its buses are fully operational and by keeping
a radio-dispatched mini-van on standby as a backup in cases where
a bus without a lift or a bus with a malfunctioning lift is unable
to pick up a person using a wheelchair.

A pediatric dentist in North Carolina agreed to change
his policy of limiting scheduled appointments for disabled children
to specified "handicapped" days. The doctor agreed to
schedule patients with disabilities at any available time and
to train his staff accordingly.

Mediation

A wheelchair user complained that the upper floors of a Tennessee
courthouse located in a historic building were not accessible.
The historical society agreed to have an elevator installed in
the courthouse.

In Florida, a person complained that a policy restricting
the amount of time a person has to mark a ballot discriminated
against people with disabilities. The voting official agreed to
modify the policy for persons with disabilities and to educate
poll workers about the policy. The official agreed to inform the
public by issuing a public service announcement to all media outlets
and to develop an informational web site.

A wheelchair user complained that a conference facility in
Kentucky was inaccessible. The president of the facility
agreed to post signs directing people with disabilities to the
accessible parking spaces, to repair a walkway surface, and to
have a wheelchair lift reinspected and repaired. He also agreed
to make the restrooms accessible and to find a way to modify the
existing thresholds to provide access for persons with disabilities
while maintaining the historical significance of the building.

In South Carolina, a person with a hearing impairment
complained that a live performance theater was inaccessible to
patrons who are deaf or hard of hearing. The theater now provides
interpreters for patrons and has made available ten sets of FM
assistive listening devices. The theater installed a TDD at the
ticket counter with appropriate signage indicating the location
of the TDD and upgraded the pay telephone to include amplification.
The theater expanded the visual fire alarm system to include the
restroom areas and installed Brailled signage. In addition, the
theater agreed to include the symbol for interpreted programs
when printing new brochures for the next season of performances.

In Florida, a person with a disability affecting his
ability to swallow complained that a bus driver did not allow
him to carry water in a closed container onto a tour bus. The
tour company management agreed to discipline the driver, including
the loss of a bonus and the withholding of new assignments for
a six-week period. Management revised company policy to require
all drivers to comply with the ADA and to give them notice that
violations of this policy will be grounds for termination, and
distributed it to all drivers. The company also implemented several
changes to make it easier for customers to file a complaint directly
with the company.

Decisions

Public Transit Authority May Be Liable for Discrimination
by Private Contractor -- The U.S. District Court for the Eastern
District of North Carolina allowed a lawsuit to continue
that challenges the inaccessibility of the Raleigh, North Carolina,
bus system to wheelchair users. In James v. Peter Pan Transit
Management, Inc., the court ruled, as urged by the Department
in an amicus brief, that the public transit authority may be held
liable under title II for discrimination by a private company
that provides bus service to the public under a contract with
the transit authority and that the plaintiff's claim for damages
should not be dismissed. The plaintiff alleged that she was denied
equal access to the CAT Connector service, a supplemental van
service that connects bus routes and other points of interest
and that also serves on a demand-responsive basis areas not fully
served by regular transit buses. Specifically, she charged that
Peter Pan drivers refused to pick her up, that lift and securement
equipment were often missing or inoperable, and that drivers were
not adequately trained to use the lift and securement equipment.

Appeals Court Allows Suit Against State Judge -- The
United States Court of Appeals for the Fourth Circuit ruled in
Livingston v. Guice that a State court judge does not enjoy
absolute judicial immunity from a title II accessibility suit.
The suit, brought by a person who uses a wheelchair, charged that
the State of North Carolina and a State court judge violated
title II by preventing the individual from entering a courtroom
through the only accessible entrance known to her. The U.S. District
Court for the Western District of North Carolina dismissed the
case on the grounds of judicial immunity. On appeal, the Fourth
Circuit agreed with the Department's amicus brief and ruled that
the judge was not immune from suit for injunctive relief and that
the State was not immune from a claim for monetary damages. After
the Fourth Circuit ruling, the parties agreed to an agreement
in which the complainant received a damages award from the State,
and the court removed physical barriers and updated its self-evaluation
and transition plans.

Supreme Court Says ADA Clearly Protects Prison Inmates --
In a unanimous opinion the Supreme Court ruled in Pennsylvania
Department of Corrections v. Yeskey that a motivational boot
camp operated for selected inmates by the Pennsylvania State prison
system is subject to the requirements of title II of the ADA.
Prisoners who successfully complete the boot camp program are
entitled to a significant reduction in their sentence. The Court
agreed with the Department of Justice in ruling that the broad
language of title II clearly covers prisons and provides no basis
for distinguishing programs, services, or activities of prisons
from those provided by other public entities. It rejected the
State's arguments that the law is ambiguous and that prisoners
cannot be "qualified individuals with disabilities"
because they are not in prison voluntarily.

Supreme Court Declares that Unjustified Isolation Is Discrimination
-- In Olmstead v. L.C., the Supreme Court ruled that the
ADA's "most integrated setting appropriate" mandate
requires States to avoid undue institutionalization of people
with disabilities. As urged by the Department in its amicus brief,
the Court upheld the ruling of the U.S. Court of Appeals for the
Eleventh Circuit that Georgia may have violated the ADA
by confining two individuals with mental disabilities in an institution
rather than providing services through a community-based program
as recommended by the State's treating professionals. In finding
that unjustified isolation is a form of discrimination under the
ADA, the Court pointed to the stigma of unworthiness, and the
unequal access to family and social interaction, employment, education,
and cultural enrichment that result from unnecessary institutionalization.
According to the Court, an institutional placement is unjustified
when the State's treatment professionals have determined that
community placement is appropriate, the transfer is not opposed
by the individual, and the placement can be accomplished without
fundamentally altering the State's program. In applying the fundamental
alteration defense, courts are to consider not only the expense
of providing community-based care to the plaintiffs in a particular
case, but also the "need to maintain a range of facilities
for the care and treatment of persons with diverse disabilities"
and "the States' obligation to administer services with an
even hand."

Supreme Court Affirms that Receipt of Social Security Disability
Benefits Does Not Automatically Bar ADA Suit -- The Supreme
Court unanimously ruled in Cleveland v. Policy Management Systems
Corp., as urged by the Department in an amicus brief, that
in determining whether a plaintiff is a qualified individual with
a disability in a title I employment suit, courts should not give
any special weight to the fact that the individual has also applied
for Social Security disability benefits. In Cleveland,
the plaintiff, after suffering a stroke and losing her job, applied
for and obtained Social Security benefits, claiming she was unable
to work because of her disability. Subsequently, she filed suit
under the ADA contending that she was qualified for the job and
that she was discriminated against because the employer fired
her without providing reasonable accommodation. The Court agreed
with the Department that because the qualification standards under
Social Security and the ADA are different, application for or
receipt of Social Security benefits is not by itself inconsistent
with being a qualified individual with a disability. For example,
Social Security does not consider reasonable accommodation in
determining whether an applicant is able to perform the applicant's
past or other work. The court also ruled that, in order to avoid
having her suit dismissed, the plaintiff must provide an explanation
that would allow a reasonable juror to conclude that, despite
having applied and received Social Security benefits, the plaintiff
could still perform the essential functions of her job with or
without reasonable accommodation.

Supreme Court Finds Collective Bargaining Agreement did
not Waive Employee's Right to Bring ADA Suit -- In Wright
v. Universal Maritime Service Corporation, the Supreme Court
ruled that a South Carolina longshoreman could file an
ADA lawsuit charging employment discrimination even though the
job was covered by a collective bargaining agreement that generally
required arbitration of employee grievances. The Court agreed
with an amicus brief filed by the Department of Justice that the
arbitration provision at issue in the agreement between the International
Longshoremen's Association and several South Carolina stevedore
companies was not specific enough to waive an employee's right
to seek court enforcement of ADA rights. The Court did not reach
the issue of whether even an unmistakably clear agreement could
require an individual to arbitrate a claim rather than go to court.

Eleventh Circuit Decides in Favor of Title II Employment
Coverage -- In Bledsoe v. Palm Beach County Soil and Water
Conservation District, the U.S. Court of Appeals for the Eleventh
Circuit ruled that claims of employment discrimination against
public entities may be brought under title II of the ADA and not
just title I. It rejected the district court's holding that only
the "outputs" of State and local governments are covered
by title II, not "inputs" such as employment, and that
title II coverage would be redundant given title I's explicit
coverage of employment. The decision followed the Department's
amicus brief which argued that the broad language of title II
and its legislative history make clear that Congress intended
there to be employment coverage under title II, as well as title
I, with title II procedures patterned after those of section 504
of the Rehabilitation Act. The section 504 procedures give complainants
the option of either filing an administrative complaint with the
Federal funding agency or going directly to court to file suit.

Supreme Court Rules Asymptomatic HIV-infected Patient is
Person with a Disability -- The Supreme Court decided in Bragdon
v. Abbott that asymptomatic HIV status is a disability under
the ADA. Plaintiff, a dental patient in Bangor, Maine, infected
with HIV, but who had no outward symptoms of the disease, was
denied treatment by a dentist. The patient filed suit under the
ADA, alleging that, as a result of the virus, she was "disabled"
and therefore protected by the Act. The U.S. Court of Appeals
for the First Circuit held that the patient's asymptomatic HIV
status constituted a disability because it was a physical impairment
that substantially limited the "major life activity"
of reproduction. The Supreme Court agreed with the amicus brief
filed by the Department of Justice and upheld the court of appeals
in a 5-4 decision, finding that asymptomatic HIV status met all
the requirements under the statutory definition of a disability
-- it is a physical impairment (from the moment of infection),
it impairs the major life activity of reproduction, and it "substantially
limits" that activity. The court also emphasized that its
conclusion was consistent with the Department of Justice's views
on this issue as expressed in its regulations and technical assistance
manual. As to whether the plaintiff's HIV infection posed a "direct
threat" to the dentist's health, the Supreme Court sent the
case back to the court of appeals for further review of the evidence.

Supreme Court Will Review Constitutionality of ADA Damages
Suits Against States -- The Supreme Court will review the
decision of the U.S. Court of Appeals for the Eleventh Circuit
in Garrett v. University of Alabama at Birmingham,
which upheld the constitutionality of title I and title II lawsuits
brought by individuals seeking damages awards from States. The
Department intervened to defend the ADA in numerous suits nationwide,
including Garrett. Most appellate courts have agreed with
the Department and upheld the ADA suits against States. Garrett
is a consolidation of two employment suits against Alabama State
agencies. One involves the alleged discriminatory demotion of
an individual with breast cancer by the University of Alabama,
and the other a claim that the Alabama Department of Youth Services
failed to reasonably accommodate an individual with chronic asthma.
States have argued that, because the ADA's protections go beyond
the equal protection rights guaranteed by the Fourteenth Amendment,
Congress lacks authority to subject them to lawsuits under title
I and title II of the ADA. The Department, however, believes that
the ADA is constitutionally appropriate legislation to remedy
the history of pervasive discrimination against people with disabilities,
and almost all of the appellate courts have agreed.